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Bilateral Investment Agreement for Ireland

Bilateral Investment Agreement Template for Ireland

This document is a comprehensive Bilateral Investment Agreement governed by Irish law, designed to establish and regulate investment relationships between parties, typically involving cross-border investments into or from Ireland. The agreement incorporates provisions compliant with both Irish domestic law and European Union regulations, covering key aspects such as investment protection, dispute resolution, fund transfers, and regulatory compliance. It includes specific considerations for Ireland's unique position as a European investment hub and addresses requirements under Irish financial services law, corporate law, and relevant EU directives.

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What is a Bilateral Investment Agreement?

A Bilateral Investment Agreement is essential for structuring and protecting significant cross-border investments in Ireland. This document type is particularly relevant given Ireland's position as a leading destination for international investment, especially in sectors such as technology, financial services, and pharmaceutical industries. The agreement provides a comprehensive framework for investment protection, regulatory compliance, and dispute resolution under Irish law. It incorporates specific provisions required by Irish legislation and EU regulations, making it suitable for both inward and outward investments involving Irish entities. The document is typically used when establishing new investment relationships, joint ventures, or expanding existing investment operations, and includes detailed provisions on investment protection, regulatory compliance, fund transfers, and dispute resolution mechanisms. Its structure reflects Ireland's sophisticated legal framework for international investment and its status as a key European investment hub.

What sections should be included in a Bilateral Investment Agreement?

1. Parties: Identification and details of the contracting parties, including their legal status and registered addresses

2. Background: Context of the agreement, including the purpose and intention of the investment relationship

3. Definitions: Detailed definitions of key terms used throughout the agreement

4. Scope of Investment: Defines the nature, extent, and limitations of the investment covered by the agreement

5. Investment Protection: Core provisions regarding the protection of investments, including fair and equitable treatment, protection against expropriation

6. Treatment of Investments: Standards of treatment including national treatment and most-favored-nation treatment

7. Transfer of Funds: Provisions regarding the transfer of investment-related funds, profits, and capital

8. Regulatory Framework: Compliance requirements with Irish and EU laws, including regulatory approvals

9. Dispute Resolution: Procedures for resolving disputes, including choice of forum and applicable law

10. Duration and Termination: Term of the agreement and conditions for termination

11. General Provisions: Standard clauses including amendments, notices, and severability

What sections are optional to include in a Bilateral Investment Agreement?

1. Environmental Protection: Required when investments may have environmental impact or in environmentally sensitive sectors

2. Labor Standards: Needed when investment involves significant employment aspects or manufacturing

3. Intellectual Property Rights: Include when investment involves technology transfer or IP-intensive industries

4. State Security Exceptions: Required for investments in strategic sectors or critical infrastructure

5. Anti-corruption Measures: Additional provisions for high-risk sectors or jurisdictions

6. Data Protection: Required when investment involves significant data processing or transfer

7. Currency Risk Management: Include when investment involves significant cross-border currency exposure

What schedules should be included in a Bilateral Investment Agreement?

1. Schedule 1 - Investment Description: Detailed description of the investment, including assets, properties, or businesses covered

2. Schedule 2 - Financial Terms: Specific financial arrangements, including investment amounts, payment terms, and financial obligations

3. Schedule 3 - Performance Requirements: Specific targets, milestones, or performance criteria related to the investment

4. Schedule 4 - Regulatory Approvals: List of required regulatory approvals and compliance requirements

5. Schedule 5 - Due Diligence Requirements: Checklist of due diligence items and documentation requirements

6. Appendix A - Corporate Documents: Copies of relevant corporate documents and certificates

7. Appendix B - Investment Timeline: Detailed timeline for investment implementation and key dates

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Ireland

Publisher

Ƶ

Cost

Free to use

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